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PEOPLE v. PERKINS

No. 5-92-0415.

618 N.E.2d 1275 (1993)

248 Ill. App.3d 762

188 Ill.Dec. 705

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Lloyd PERKINS, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Rehearing Denied September 14, 1993.

Attorney(s) appearing for the Case

Robert Haida, State's Atty., St. Clair County, Belleville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, and Gerry R. Arnold, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellant.

Daniel M. Kirwan, Deputy Defender and Dan W. Evers, Asst. Defender, Fifth Judicial District, Mt. Vernon, for defendant-appellee.

JUSTICE WILLIAM A. LEWIS delivered the opinion of the court:

The issue presented in this appeal is whether a defendant who is in jail for an offense for which he has asserted his fifth amendment right to counsel can be surreptitiously questioned by undercover agents regarding a second, unrelated offense. We hold that under the circumstances and facts of this case, the surreptitious questioning by undercover government...

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